HomeMy WebLinkAbout991765.tiff Todd Hodges Design, LLC
PUD CHANGE OF ZONE APPLICATION
Specific Guide
Prepared for:
Mark & Jackie Eberl
P.O. Box 668
Mead, Colorado 80542
Prepared by:
Todd Hodges Design, LLC
4119 Granby Ct.
Fort Collins, Colorado 80526
Submitted: March 25, 1999
weld County Planning Dept.
MAR 25 1999
RECEIVED
991765
4119 Granby Ct. • Fort Collins, Colorado 80526 • (970) 207-0272
PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION
PLANNING DEPARTMENT USE ONLY:
Case Number -2: - 5g--c Application Fee $ —
Zoning District_ A Receipt Number /93`x95
Date 3/25 et 9 Application checked by SFj
Planner Assigned to case r .
TO BE COMPLETED BY THE APPLICANT(Print or type only except for required signatures):
I(we), the undersigned, hereby request hearings before the Weld County Planning Commission and the
Board of County Commissioners concerning the proposed PUD rezoning of the following described
unincorporated area of Weld County.
LEGAL DESCRIPTION: Pt.NE/4 21-03-68
(If additional space is required,attach an additional sheet of this same size or copy of the deed)
PARCEL NUMBER: 1207 21 100029 (1.2 digit number—found on Tax I.I).or
obtained at the Assessor's office.)
NAME OF PROPOSED SUBDIVISION Eden's Reserve
EXISITING ZONING Agricultural
PROPOSED ZONING PUD Agricultural,PUD Estate and PUD Open Space
TOTAL ACREAGE 108.918 acres OVERLAY DISTRICTS None
PROPOSED DEVELOPMENT GUIDE SUBMITTAL(Specific or conceptual)
Specific
PROPERTY OWNERS OF AREA PROPOSED FOR PUD REZONING
NAME Mark&Jackie Eberl PHONE (303)442-1195
ADDRESS P.O.Box 668 Mead,Colorado 80542
NAME
PHONE weld (ounty Planning Dept,
ADDRESS
MAK 25 1999'
APPLICANT OR AUTHORIZED AGENT(if different from above*) RECEIVED
NAME Todd Hodges Design,LLC do: Todd Hodges
ADDRESS 4119 Granby Ct.Fort Collins,Colorado 80526
HOME TELEPHONE NA BUSINESS TELEPHONE (970)207-0272
*If agent is different from the property owner,please submit written documentation from the property
owner authorizing said agent to represent the owner.
Signature: Owner or Authorized Agent -
-Pc ¶)H H9
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Todd Hodges Design, LLC
Table of Contents
1. PUD Change of Zone application sheet
2. Applicants, response to DPS and referral sketch plan comments
3. Rendered Landscape Plan
4. Development Plan
5. F.E.M.A. Map
6. Soils Map and Information
7. Water Service Letter from Little Thompson Water District
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8. Copy of Deed
9. Certified List of Surrounding Property Owners
10. Certified List of Minerals Owners
11. Preliminary Improvements Agreement
12. Preliminary Covenants
13. Change of Zone Plat
14. Landscape Plan
15. Drainage Plan and Report
16. Terracon Report
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4119 Granby Ct. • Fort Collins, Colorado 80526 • (970) 207-0272
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Applicants Response to Department of Planning Services & Referral
Agency Sketch Plan Comments
COMPLIANCE WITH THE WELD COUNTY COMPREHENSIVE PLAN:
This proposal is not located within the Urban Growth Boundary Area, as designated by the maps adopted
by Weld County, however this proposal is adjacent to an existing Urban Scale development in the Town
of Mead. The proposal uses techniques that are supported by Weld County to ensure efficient and orderly
development, the preservation of productive farmland and the preservation of passive open space for the
enjoyment of the citizens of Weld County and the Town of Mead. Mead indicated in the sketch plan
referral dated January 4, 1999 that this proposal conflicts with their interests, however, the development
as proposed would complement the existing Town. This proposal is a buffer/transition from the Urban
Scale Development directly to the east and the adjacent farms to the south and west of this property.
This proposal is in complete compliance with the Weld County Comprehensive Plan.
COMPLIANCE WITH THE WELD COUNTY PUD ORDINANCE#197:
This proposed development is truly non-urban in nature, is consistent with developments that have been
approved in the County recently, with the intent of the Planned Unit Development as described in Section
1 of the PUD Ordinance #197 and Performance Standards in the PUD Zone District as described in
Section 2 of the PUD Ordinance#197.
This proposal has been defined as an Urban Scale Development by the definition in Section 2.18 of the
Planned Unit Development Ordinance # 197. The ordinance defines Urban Scale Development as:
"developments exceeding five lots and located in close proximity to existing PUD's, subdivisions,
municipal boundaries, or urban growth corridors and boundaries. All urban scale developments shall
pave internal road systems of the development." This proposal is adjacent to an existing subdivision, is
approximately 1/4 mile south of the existing Mead Urban Growth Boundary and is proposing to pave the
internal road system.
Section 2.20 of the PUD Ordinance #197 states: "A PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system." This proposal is to be served by Little Thompson Water
District for domestic water and individual septic systems on each lot for sewage disposal. New percs and
profiles were conducted by Terracon on each lot and the results should exceed the minimum requirements
of the Weld County Health Department This proposal will be served by an adequate water supply and
sewage disposal systems.
This proposal is in complete compliance with the Weld County PUD Ordinance # 197.
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COMPLIANCE WITH 171E WELD COUNTY SUBDIVISION ORDINANCE:
This proposal has been amended to comply with the requirements of the Design Standards in Section 10
of the Weld County Subdivision Ordinance. This proposal is consistent with efficient and orderly
development and is in compliance with Sections 1.3.1 through 1.3.18 of the Weld County Subdivision
Ordinance. This proposal preserves the most productive portion of the property and retains the water
associated with the agricultural uses to provide for the future productivity of property. This proposal
preserves the existing vegetation and through planting of drought tolerant grass species and trees
increases the cover which promotes more wildlife in the area. The clustered development around the
existing reservoir will reduce the amount of erosion, sedimentation and other pollution of surface water
that is now occurring through existing and past uses.
This proposal is in complete compliance with the Weld County Subdivision Ordinance.
INFRASTRUCTURE AND SERVICES:
Through a minor re-design of the road and the change from the originally proposed gravel to paved road
we were able to address the concerns of the Weld County Public Works Department and the Mountain
View Fire Protection District. The total road surface (including gravel shoulders) is 28 feet wide and
should be more than adequate for the Fire District standards.
Utility easements and the emergency/maintenance access are delineated on the plat, in accordance with
the Subdivision Ordinance regulations and the referral comments from the Sketch Man Review
application. The improvements agreement includes costs that are current based on 1999 prices for
materials and construction. A drainage plan and report from a Colorado licensed engineer is attached
with the submitted application materials and should exceed the minimum requirements of the Weld
County Public Works Department.
The applicant is working with the Little Thompson Water District to address the concerns of the Colorado
Division of Water Resources concerning evidence that this proposal does not injure existing water rights.
The applicant is willing to enter into an agreement with the St. Vrain Valley School District which
includes an appropriate cash in-lieu of land dedication fee that is due upon application for individual
single-family residence building permits.
OPEN SPACE & OTHER SITE AMENITIES:
The proposed plan includes 21.773 acres of open space which is 20% of the entire acreage. The
improvements to the open space are shown on the landscape plan and listed in Exhibit A of the On-Site
Improvements Agreement, which is included in the submitted application materials. The proposed open
space and other site amenities exceed the requirements for this PUD district and meets the more stringent
requirements for Urban Scale Development located with Urban Growth Boundary Areas, Urban Nodes
and the Mixed Use Development Area.
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ENVIRONMENT:
This proposal has satisfied the water and sewage disposal requirements of the Weld County Health
Department. New perc and profiles were conducted on each lot within a designated septic envelope. The
new information is provided in the attached report from Terracon. The applicant is willing to require
perimeter drains for each building site as directed by the Colorado Geological Survey in their Sketch
Plan referral comments. A drainage report and plan is attached as part of the application and addresses
how surface runoff will be managed.
COMPATIBILITY WITH SURROUNDING USES AND PLANS:
This proposal is very compatible with the existing surrounding uses and future plans of the Town of
Mead. This proposal is a buffer/transition from the existing Urban Scale Development to the east and the
agricultural uses to the south and west of the property. This proposal allows for the clustering of nine
residential units while allowing for the preservation of productive agricultural land and passive open
space.
SUMMARY:
The responses to the Sketch Plan Comments are intended to address the concerns that Weld County staff
or referral agencies had in the review of the Sketch Plan Application. Minor changes to the design as
'rrr, delineated on the new drawings and new reports should address all the concerns that were listed.
The PUD application process was created to allow for more flexibility in the subdivision process than the
standard subdivision processes offer. The PUD application process allows for more creative solutions to
the growing concerns that we all have concerning the rate of development along the Colorado Front
Range. This proposal offers solutions to those concerns while allowing the property owners to exercise
their rights as private property owners in Weld County, Colorado.
The use of this application for this proposal does not circumvent or distort the goals and policies of the
Weld County Comprehensive Plan, in fact, this proposal supports the Comprehensive Plan in allowing a
property owner to benefit from their property in numerous ways while maintaining productive farm land
passive open space and developing in an efficient and orderly manner.
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Development Plan
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1. The general concept of the development, land-use(s), architectural style, character, zoning
uses, and all structures including buildings in the PUD.
This proposal is to create a nine lot Planned Unit Development that consists of eight P.U.D.
Estate zoned lots, one P.U.D. Agricultural zoned lot and common open space. It is the intent of
the applicant to create a non-urban scale subdivision that provides single family residential lots
while preserving a large amount of common open space and the most agriculturally productive
portion of the property. The proposed land uses include single-family residential uses, passive
and active open space, recreational opportunities for the property owners and continued
agricultural production. The architectural style of the residential structures will be up to the
individual lot owners with standard limitations that will be specifically outlined in the covenants.
The structures within the P.U.D. will include single-family dwellings and accessory structures.
This proposal is compatible with the surrounding land-uses, architectural style, character and
zoning. The applicants wish to establish a small non-urban neighborhood that will co-exist in
harmony with the adjacent subdivision to the east as well as the continued agricultural
production on this site and on adjacent properties. The applicants plan to live within the
proposed P.ILD. and therefor take great pride in the design and maintenance plans for the
property.
2. The approximate size and type of any proposed or required public and private open space
and semi-public uses, including parks, recreation areas, school sites and similar
uses.
The size of proposed common open space for the P.U.D. is 21.773 acres. Approximately ten of
the 21.773 acres is an existing man-made lake. There are no proposed sites for public parks,
schools or similar uses. The proposed common open space is to remain private under ownership
of the homeowners association. Improvements to the open space are shown on the submitted
landscape plan and are listed in the improvements agreement exhibit A.
3. The approximate number and type of residential units, type of business, commercial and
industrial buildings and structures, and the approximate number and size of any open
storage areas if applicable.
This proposal includes a total of nine lots. Eight lots are proposed P.U.D. Estate' zoning and
approximately 2.5 acres in size. The ninth lot is proposed as P.UD. Agricultural and is 63.162
acres in size. The single-family residence on the P.U.D. Agricultural lot will be located near the
lake adjacent to Lot 8. This proposal does not include any open storage areas.
4. An estimate of the number of employees for any business, commercial and industrial uses, if
applicable.
There are no proposed commercial or industrial type uses within this P.U.D.
5. The source of public water or, if an exception for a five (5) lot or less residential PUD is
granted by the Department of Planning Services in accordance with the Performance
Standards in the PUD Ordinance, the type of water source. Public Water systems which
rely upon Denver Basin aquifers shall also acquire and incorporate into a permanent supply
plan alternative renewable water sources to ensure water supplies for the future.
The source of potable water for this proposal is the Little Thompson Water District Included
within the application materials is a "will-serve" letter, which indicates that water taps are
available for this proposal. The water district indicated through a phone conversation that they
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would address the concerns of the Colorado Division of Water Resources that this proposal does
pry not jeopardize existing water rights.
6. The type of sewer system, public or individual. If existing septic system(s) are on the site, a
copy of the existing septic permit(s)shall be included in the application materials,.
Individual septic systems will serve each lot. Each lot has a designated septic envelope where
Terracon conducted individual perks and profiles. The septic envelopes are located at least 200'
feet from the pond and are 3025 ft. each. The location and size exceed the Weld County Health
Department standards. There are no existing septic systems located on the property at this time.
Septic permits will be applied for with the building permits on'each separate lot. The individual
lot owners will be responsible for obtaining septic permits and for the construction of the
individual septic system,per Weld County Health Department standards
7. The vehicular circulation system of local, collector, and arterial streets. The general
statements and cross sections should include: width of roadways, depth of base and asphalt,
adequate turning radius, type of surface, off-street parking areas including handicapped
stalls and loading zones, major points of access to public rights-of-way, and notation of
proposed ownership of the circulation system, public or private. Design Standards and
road classification for streets are listed in Section 10 of the Subdivision Ordinance and
Section 2.7 in the MUD Ordinance.
The proposed vehicular circulation system is classified as a local street and will be paved, built
to Weld County Public Works Standards. The roadway and access to the property was redesigned
based on the comments of Weld County Public Works Department and the Mountain View Fire
Protection District. The length of the cul-de-sac is now under 1500'in length and therefor meets
the requirements of Section 10 of the Weld County Subdivision Ordinance. The road is designed
as two 10'paved lanes with 4' gravel shoulders, creating a 28' wide roadway that exceeds the
requirements of the Mountain View Fire Protection District. A cross section is included on the
drainage plan and meets the design standards and road classification for streets in Section 10 of
the Subdivision Ordinance. The construction of the roadway is included on Exhibit A in the On-
Site Improvements Agreement, which is included in the submitted application materials. There
are not any off-street parking areas within this proposal. Because of the length of the proposed
cul-de-sac a twenty foot wide all weather road will be constructed from the cul-de-sac around the
lake to the existing access on the NW/C of the property. A road currently exists around the lake
and will serve as emergency access and a maintenance road for the open space and lake
facilities. (See drawing.)
8. A statement describing how the applicant intends to handle the storm water drainage on the
site.
A drainage Plan and Report is attached with the submitted application materials. The drainage
plan and report meets and/or exceeds the requirements of the P.UD. Change of Zone application
requirements and the requirements of the Weld County Public Works Department. A Colorado
licensed engineer completed the drainage plan and report. An on-site survey was conducted to
obtain accurate topography data.
9. The soils classification and description of the classification for the subject site. This
information may be obtained from the Natural Resources Conservation Service or Soil
Conservation District.
There are three soil types located on this property which are Nunn clay loam, 0 to 1 percent
slopes, Nunn clay loam, 1 to 3 percent slopes and Wiley-Colby complex, 1 to 3 percent slopes. A
copy of the United States Department of Agriculture Soil Conservation Service map and
descriptions are included within the submitted application materials. A new report from
Terracon is included within the submitted application materials. The new report should address
any concerns that the State Geological Society and the Weld County Health Department had from
' the Sketch Plan submittal concerning the suitability of the soils for individual septic systems.
10. An indication regarding if any unique natural features exist within the proposed'.PUD.
There are no unique natural features which exist within this proposed P.U.D. The lake is a man-
made feature.
11. An indication regarding if any commercial mineral deposits and oil and gas facilities are
located within the PUD.
There are no existing oil and gas facilities located within the proposed P.U.D. To the applicant's
knowledge there are no known commercial mineral deposits. If such commercial mineral
deposits exist the mineral rights are owned by the property owners/applicants.
12. An indication regarding if flood plain, geological hazard, airport, MUD, or
Intergovernmental Agreement district areas are within the PUD boundaries and how the
PUD will meet the applicable regulations regarding the overlay district(s).
After review of the Weld County maps and ordinances it was determined that this proposal is not
located within any existing overlay districts. A copy of the F.E.M.A. map is included within the
submitted application materials. If it is found that an overlay district exists at the time of this
submittal of which the applicant is not aware, the P.U.D. proposal will meet the applicable
regulations.
13. A general landscaping plan for the PUD describing the general species type, size and
n location of existing and proposed planting materials and amenities. The estimated
percentage of landscaping areas in the PUD shall be included, along with the location of
parks and common open space.
The site has a number of existing mature and immature cottonwoods and willows. The applicants
are proposing to enhance the property with landscaping without interfering with the views of the
neighbors to the east. A landscape plan showing the location; size and type of materials is
attached to the submitted application materials. The attached landscape plan meets and/or
exceeds the submittal requirements. The proposed landscape materials are included on Exhibit A
of the On-Site Improvements Agreement, which is included in the submitted application materials.
14. Initial impact plan addressing all impacts this use will have on the proposed site and
surrounding land uses. A listing of potential impacts is cited in Section 6.3 of the PUD
Ordinance.
Section 6.3.1 Component One—Environmental Impacts:
6.3.1.2.1.1—Noise and Vibration
6.3.1.2.1.2—Smoke,Dust and Odors
6.3.1.2.1.3-' Heat,Light and Glare
6.3.1.2.1.4—Visual/Aesthetic Impacts
6.3.1.2.1.5—Electrical Interference
6.3.1.2.1.6—Water Pollution
rts This proposal should not have any negative impacts to the above listed environmental concerns
on this property or on adjacent properties. The applicant is willing to address any concerns that
staff or referral agencies may have pertaining to the listed environmental impacts.
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6.3.1.2.1.7—Waste Water Disposal
This proposal addresses the wastewater disposal on the site through the use of individual septic
f_;7 systems.
6.3.1.2.1.8—Wetland Removal
This proposal does not remove any existing wetlands. The wetlands on the site are due to the
man-made reservoir and are going to be protected and maintained as part of the open space. The
site shall maintain compliance with the standards/regulations of the Corp. of Engineers.
6.3.1.2.1.9—Erosion and Sedimentation
6.3.1.2.1.10—Excavating,Filling and Grading
6.3.1.2.1.11—Drilling,Ditching and Dredging
The design of the proposed P.U.D. and the drainage plan requires minimal grading on the site.
The plan will keep the erosion and sedimentation to a minimum and may reduce the
sedimentation of the reservoir. The private ditch will be buried under the road and between lots
4 &5 into the open space to allow for continued flow to the P.U.D. agricultural lot
6.3.1.2.1.12- Air Pollution
6.3.1.2.1.13- Solid Waste
6.3.1.2.1.14- Wildlife Removal
6.3.1.2.1.15-S Natural Vegetation Removal
This proposal does not have a negative impact to the above listed environmental issues. This
proposal will increase the amount of natural vegetative cover in the open space areas and
'"1 therefor provide more cover for wildlife of the area.
6.3.1.2.1.16--Radiation/Radioactive Material
To the applicant's knowledge, there are no radioactive materials located on this site. Radon
mitigation can be done on a lot by lot basis during the design and construction of each individual
residence.
6.3.1.2.1.17--Drinking Water Source
The proposed potable water source for this development is water taps from Little Thompson
Water District. A "will-serve" letter is included within the submitted application materials.
6.3.1.2.1.18--Traffic Impacts
Due to the non-urban nature of this proposal there should be very little impact to the traffic of the
area. The review of this proposal by the Weld County Public Works Department should ensure
that if any major impacts occur they would be addressed with conditions of approval.
6.3.2 Component Two—Service Provision Impacts:
6.3.2.2.1.1—Schools
6.3.2.2.1.2—Law Enforcement
6.3.2.2.1.3—Fire Protection
roi 6.3.2.2.1.4—Ambulance
This proposal should have a minimal impact to the above service providers. The applicant has
stated above that the impact to the school system would be mitigated with a cash-in-lieu, at the
time of application for individual residential building permits. The review of this proposal by the
other public service providers will ensure that impacts are mitigated, if necessary. Fire hydrants
will be placed to meet the requirements of the Mountain View Fire Protection District A 20'all-
weather road is delineated on the plat and will provide for emergency access as well as
maintenance of the open space. The emergency/agricultural access will be gated in compliance
with the Mountain View Fire Protection District Construction documents, showing the hydrants
shall be submitted with the final plan application.
6.3.2.2.1.5—Transportation
6.3.2.2.1.6—Traffic Impact Analysis
The roadways within this proposal are designed to meet the requirements of Section 10 of the
Weld County Subdivision Ordinance and the Public Works Department. A cross section of the
proposed roadway is shown on the drainage plan. The roadway construction and materials are
listed within the preliminary on-site improvements agreement which is a part of this submittal.
Due to the non-urban nature of this proposal, Weld County Public Works Department waived a
traffic impact analysis.
6.3.2.2.1.7—Storm Drainage
The storm drainage has been addressed in the drainage plan and report, which is included as
part of the submitted application materials. (see attached plan)
6.3.2.2.1.8—Utility Provisions
6.3.2.2.1.9—Water Provisions
6.3.2.2.1.10—Sewage Disposal Provisions
As stated above, utilities are available for this proposal. A "will-serve" letter is attached for the
potable water. The sewage disposal is by individual septic systems and the lots are sized to meet
the requirements of the Weld County Health Department A septic permit will be applied for with
each individual residential building permit A septic envelope is delineated on the plat within
each lot and exceeds the minimum requirements of the Weld County Health Department
6.3.3 Component Three—Landscaping Elements:
6.3.3.2.2 —Landscape Plan
6.3.3.2.3—Treatment, Buffering and/or Screening
Attached is a proposed landscape plan that shows the existing and proposed landscape elements
within this proposal. The proposed landscaping is placed to enhance the property while
protecting the views of the neighbors to the east. The evergreen trees are placed to cut down on
some of the headlight pollution on the roadway and cul-de-sac. No screening is necessary on this
site. The open space on the east side of the property will also act as a buffer between the
residential uses of this proposal and the existing subdivision on the east.
6.3.3.2.4—Maintenance Schedule for Landscaping Elements
6.3.3.2.5—On-site Improvements Agreement
6.3.3.2.6—Evidence of Water
The existing vegetation is well established and self-sufficient due to the proximity of the lake and
ditch. Plants will be maintained, on a weekly basis until established. Dead or dying material
will be replaced at the earliest planting time possible. . The property has sufficient water to
maintain the proposed landscape elements, as well as the continued agricultural production on
Lot 9, by using the reservoir or irrigation water and therefor will not be using potable water to
maintain the proposed landscaping in the open space. The plant species chosen are drought
tolerant and will do very well with minimum irrigation once established. In the health
department referral, it was suggested that xeriscaping be employed on this site. The proposed
landscape plan meets the definition of a xeriscape design. The on-site improvements agreement
includes the landscaping elements and is part of this submittal package.
6.3.4 Component Four—Site Design:
6.3.4.2.1.1 — Unique Features
There are not features unique only to this property. There are irrigation ditches on the property,
a man-made reservoir and a private rail on the west boundary. The existing north- south private
ditch will be taken under ground through the easement between lots 4 and 5 to the open space,
which will allow for the continued use of the ditch for irrigation of Lot 9. The rail is used very
seldom and will not have a negative impact to this site, based on the proposed design. The lots
are 2.5 acres each and will have a more than adequate setback from the existing railway.
6.3.4.2.1.2—Rezoning Consistent with Comprehensive Plan
This proposal is for a 9- lot subdivision that has minimum impact to the service providers of the
area and is consistent with the existing surrounding land uses. The design of the P.U.D.provides
for eight estate lots, open space and a P.U.D. agricultural lot that preserves the existing prime
production area and continued passive open space. The comprehensive plan directs the County
to provide a process to subdivide agriculturally zoned property. While not located within the
Town of Mead's Urban Growth Boundary Area, this proposal is located west and adjacent to a
Hunter's Ridge Subdivision, which is an Urban Scale development within the Town of Mead. This
proposal allows for efficient and orderly development of the area and the protection of passive
open space for the existing and future citizens of Weld County, as well as the citizens of Mead. It
is the intent of the property owners to comply with, not circumvent the Weld County
Comprehensive Plan, Weld County Zoning Ordinance, Weld County Subdivision Ordinance, and
Planned Unit Development Ordinance 197.
6.3.4.2.1.3—Compatibility P.U.D. Zone District
6.3.4.2.1.4—Compatibility with Surrounding Land Uses
The proposed design for eight P.U.D. Estate lots, one P.U.D. Agricultural lot and open space
takes into consideration the existing uses of the surrounding properties, as well as, the site
advantages and limitations. The design allows for a buffer between uses by means of both active
and passive open space. The architecture within this proposal will be compatible with the
surrounding structures. Lot 9 will remain in agricultural production and will retain the Uses by
Right in the Agricultural Zone District, as listed in the Weld County Zoning Ordinance. This
proposal acts as a buffer or transition from the Urban Scale development east and adjacent and
the agricultural uses to the west and south of this proposal.
6.3.4.2.1.5—Overlay Districts
This proposal is not located within any of the overlay districts, as identified by the maps officially
adopted by Weld County. Please refer to the F.E.M.A. map included in this packet.
6.3.5 Component Five—Common Open Space:
This proposal is consistent and will maintain compliance with Sections 6.3.5.2.1 through
6.3.5.2.5 of the Weld County Planned Unit Development Ordinance 197.
6.3.5.2.7—15% Common Open Space Minimum
This proposal provides for 21.773 acres of common open space, which equals 20% of the total
acreage. The use of the open space includes passive and active uses. The lake will offer fishing
for the owners of the lots, as well as enhanced views from the rear of each residence. At this
time, boating on the lake is not planned. Liability issues should be less intense than public parks
with open water use. There are no plans to fence the perimeter of the reservoir. The proposed
size and uses of the common open space exceeds the requirements of the P.U.D. Ordinance for
this area and meets the more stringent requirements for Urban Scale Development located within
the Mixed Use Development Area.
6.3.5.3.2—Ownership of Common Open Space
6.3.5.3.2.1 —Construction of Open Space
6.3.5.3.2.2—On-Site Improvements Agreement
The common open space will be owned and maintained by the homeowners association in
perpetuity. The construction of the open space amenities is minimal and is mainly vegetation.
The lake is existing. An on-site improvements agreement is a part of this submittal and includes
the proposed improvements to the common open space.
6.3.6 Component Six—Signage:
This proposal shall comply with the sign standards, as set forth in Sections 63.6.3 and 6.3.6.4 of
the Weld County Planned Unit Development Ordinance 197. Standard street signs will be placed
at the two intersections of the proposed road to meet the requirements of the Weld County Public
Works Department and the Mountain View Fire Protection District. No monument signs are
proposed at this time. It is understood that monument signs require a building permit and if a
sign is proposed in the future will be subject to zoning and building permit requirements.
6.3.7 Component Seven—M.U.D. Impact:
This proposal is not located within the MUD. Boundary, as delineated in the Weld County
MUD. Ordinance or the Comprehensive Plan. There is no M.U D. impact.
6.3.8 Component Eight—Intergovernmental Agreement Impacts:
This proposal is not located within any approved intergovernmental agreement boundaries. This
proposal is not located within the designated Urban Growth Boundary of the Town of Mead per
Weld County adopted maps, however this proposal is adjacent to an existing Urban Scale
development in the Town of Mead on septic systems. This proposal is consistent with the
approved subdivision within Mead's boundary, which is east and adjacent to this property.
15. A service impact plan addressing all anticipated impacts the use will have on public and
private service providers, including but not limited to schools, fire districts, law
enforcement, ambulance and roadways.
This proposal should have very little impact to service providers of the area. The applicant is
willing to address the impact to the school district with a cash-in-lieu donation per lot that is due
at the time of application for the individual building permits for single family residences within
the subdivision. The review of this proposal by other service providers should insure that if
impacts were created they would he mitigated through design and/or conditions of approval.
There should not be a major impact to the County road system based on the non-urban nature of
this proposal. Water, gas, electric and phone service is available for this proposal.
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of , by and between
the County of Weld, State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County", and hereinafter called "Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following described
property in the County of Weld, Colorado:
WHEREAS, a final subdivision/PUD plat of said property, to be known as
has been submitted to the County
for approval; and
WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat
shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans, plats and supporting documents
of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits
"A" and "B" of this Agreement.
NOW, THEREF( ".E, IN CONSIDERATION OF the foregoing and of the acceptance and approval
of said final plat he par ; hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part of this reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates,construction supervision, and the submission
of necessary documents to the County.
1 Revised 12/95
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract.
Applicant shall furnish one set of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire,at its own expense, good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision
improvements listed on Exhibit "A: which is attached hereto and made a part hereof by this
reference, according to the construction schedule set out in Exhibit "B" also attached hereto
and made a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a subdivision is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and standards, those
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water, gas, electric and telephone
services.
3.5 Said subdivision improvements shall be completed, according to the terms of this
Agreement,within the construction schedule appearing in Exhibit "B". The Board
of County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit "B" upon application by the Applicant subject to the
terms of Section 6 herein.
2 Revised 12/95
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers, agents, employees, or othenvise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage,and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant, streets within a subdivision may be approved by the County as public roads and
will be maintained and repaired by a homeowners association or, in its absence, the owners
of lots within the subdivision.
6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit "B",but such use and operation shall
not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B",
and may continue to issue building permits so long as the progress of work on the
subdivision improvements in that phase of the development is satisfactory to the County;
and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a subdivision and the filing of a
Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board of County
Commissioners partially approve them. Not sooner than nine months after partial approval,
the County Engineer shall, upon request by the applicant, inspect the subject streets, and
notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets
after notification from the applicant(s) that any deficiencies have been corrected. If the
County Engineer finds that the streets are constructed according to County standards, he
shall recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development, the Board of
County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. Prior to Final Plat
3 Revised 12/95
approval,the applicant shall indicated which of the five types of collateral prefered
to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement. Acceptable collateral
shall be submitted and the plat recorded within six (6) months of the Final Plat
approval. If acceptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
applicant may request that the County extend the Final Plat approval provided the
cost estimates are updated and the development plans are revised to comply with
all current County standards, policies and regulations. The improvements shall be
completed within one (1) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the applicant(s) requests that this
Agreement be renewed at least thirty(30) days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of 100% of the value of the improvements
remaining to be completed. If improvements are not completed and the agreement
not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Plan or Final Plat Subdivision.
The applicant would need only to provide collateral for the improvements in each
filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B".
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The letter of credit shall state at least the
following:
8.LI The Letter of Credit shall be in an amount equivalent of 100% of the total
value of the improvements as set forth in Section 6.0 and exhibits "A" and
„B"
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
4 Revised 12/95
8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
100%of the estimated costs of completing the uncompleted portions of the
required improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general improvement item
exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County
until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld county of the
final 15%, or one year from the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners. '
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to
the Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
M.A.I. member of the American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development is
sufficient to cover 100% of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County,then an appraisal is required of the property by a M.A.I.
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development is sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
5 Revised 12/95
8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the
Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements
as specified in the agreement and for no other purpose and will not release any
portion of such funds without prior approval of the Board.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
8.3.4 If the County of Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado
in an amount equivalent to 100% of the value of the improvements as specified in the
Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 100%of the value Df the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing
and inspections found in CDOT Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans.
6 Revised 12/95
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral"
in the amount of 15%of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible
governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, subdivision or planned unit development, requires the dedication, development
and/or reservation of areas or sites other than subdivision streets and utility easements of
a character, extent and location suitable for public use for parks, greenbelts or schools, said
actions shall be secured in accordance with one of the following alternatives, or as specified
in the PUD plan, if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district, for one of the above purposes. Any area so dedicated shall be maintained
by the County or school district.
10.2 The required acreage as determined according to the Weld County Subdivision
Regulations, may be reserved through deed restrictions as open area, the
maintenance of which shall be a specific obligation in the deed of each lot within
the subdivision.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of final plat submission of the required acreage as
determined according to the Subdivision Ordinance. Such value shall he
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall he binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant,and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
7 Revised 12/95
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
APPLICANT
BY:
(title)
Subscribed and sworn to before me this day of , 19
My Commission expires:
Notary Public
M FORMMPRIVATF.DB
8 Revised 12/95
EXHIBIT "A"
Name of Subdivision Eden's Reserve
Filing:
Location: Pt. NE/4 21-03-68,located south and adjacent to WCR 32&approx. 1/4 mile west of WCR 7
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated
Recorded on in Book ,Page No. ,Reception No._
,the following improvements.
(Leave spaces blank where they do not apply.)
IMPROVEMENTS NUMBER OF UNITS UNIT COST TOTAL COST
Street grading
Street base 1341 tons $8.50 $11,398.00
Street paving 517.5 tons $28.00 $14,490.00
Curbs,gutters and culverts
Sidewalk
Storm sewer facilities -
Retention ponds
Ditch improvements 500 ft. $6.50 $3250.00
Subsurface drainage
Sanitary sewers
Truck and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage 2150 ft. $8.50 $18.275.00
Water mains—includes Bore
Fire hydrants 2 $2000.00 $4000.00
Survey, street monuments&boxes
Street lighting
Street name signs 2 $50.00 $100.00
Fencing requirements
Landscaping (a drought tolerant grass mix has been seeded in the open space) $2875.00
Park improvements
Road culvert 1 $2000.00 $2000.00 -
Grass Lined Swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL $56,388.00
Engineering and Supervision Costs
(testing,inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $56,388.00
The above improvements shall be contructed in accordance with all County requirements and specification,
and conformance with this provision shall be determined solely by Wed County, or its duly authorized
agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B".
(In corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
Date:
EXHIBIT "B"
Name of Subdivision Eden's Reserve
Filing:
Location: Pt.NE/4 21-03-68, located south and adjacent to WCR 32&approx. ''A mile west of WCR 7
Intending to be legally bound,the undersigned Applicant hereby agrees to construct the improvements
shown on the final subdivision plat of Subdivision, dated
, Recorded on in Book , Page No. , Reception No._
,the following schedule.
AU improvements shall be completed within two years from the date of approval of the final
plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
IMPROVEMENTS Time for Completion
Site grading
Street base June 2001
Street paving June 2001
Curbs,gutters and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements June 2001
Subsurface drainage
Sanitary sewers
Truck and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage June 2001
Water mains—includes Bore
Fire hydrants June 2001
Survey, street monuments&boxes
Street lighting
Street name signs June 2001
Fencing requirements
Landscaping June 2001
Park improvements
Telephone
Gas
Electric
Water Transfer
The County,at its option,and upon the request by the Applicant,may grant an extension of time for
completion for any particular improvements shown above,upon a showing by the Applicant that the above
schedule cannot be met.
(In corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Date:
Hello